Failure to Benefit
Where testator left 'my piano". Gift was held to adeemed
Re Sikes
This case listed the order of priority under Insolvent Estates
Re Pullen
This section of this act deals with grants of probate
S. 24 and s. 26 of DPEA
This section of this act deals with filing caveats
s. 26 of the DPEA
This rule under the CPR deals with filing applications under probate or letters of administration.
R. 67 and 68
This section conveys that real estate and personalty shall be construed as execution taking effect immediately before the date of death of the testator
S. 24 Wills Act 1837
Ways to deal with insolvency
s. 41 DPEA Parties consent to reciev dividends
s. 67 File FDA or Soc for court to make determination
bANKRUPTCY iNSOLVENCY ACTION
S. 17 of the High Court Act provides for this piece of legislation which governs the procedure to file caveats.
Non- Contentious Probate Rules (NCPR)
Where individual attested the will and subsequently marries the devisee, gift will still stand.
Thorpe v. Beswick
Where the shares had increased, the court still found that while the form of teh gift had changed the substance remained.
Re Leeming
A PR is held liable for ALL Debts and Liabilities on the estate. Even the ones he does not know.
Knatchball v. Fearnhead
This case provides that where a will fails to outline an executor, it is prudent that the administrator files for Letters of Administration with Will annexed. Also provided for by s. 16 of the Deceased Person's Administration Act (DPEA)
In the Goods of Pryse
Which rule of the NCPR?
R. 44
There is no rule that the executor must pay off all debts in a year
Re Tankard
Executor cannot assign his office. He must renounce
Estate of Skinner
Definition of charged assets
Robertson v. Broadbent
executor who renounced probate cannot afterward renounce. He must account for anything done
Re Stephens
What is the procedure to file citations
Preliminary Searches
Lodge Caveat
Draft citation
Drat oath
Then Citee can
Aknowledge
do nothing
Acknowledge and default
This the leading case on animus testandi.
Banks v. Good fellow
Where property sold after devised in the will, beneficiary is entitled to rents only.
Where property devised after beneficiary is entitled to proceeds of sale or the gift
Watts v. Watts
Re Calow
This case discussed the definition of solvent estates and the fact that if it did not cover the debts and liabilities of the estate it could not be described as solvent
Re Leng
What is the procedure to file caveats
Retain AAL
investigate
Prepare caveat and file
Notice of entry on book